The Namibian (Windhoek)

Namibia: Ombudsman Complains About Justice Ministry

Brigitte Weidlich

2 December 2008


MOST complaints received by the Office of the Ombudsman last year were about the Ministry of Justice, with nearly 1 000 complaints, Ombudsman John Walters said in his annual report tabled in the National Assembly last week.

The Ombudsman received 1 471 complaints during 2007 - 589 less than the year before.

About 74 per cent of all reports received were finalised.

"We target to resolve 95 per cent of reports per annum," Walters stated in the report.

Complaints regarding the Justice Ministry again topped the list, as in the previous years, with 976 complaints received.

Complaints against the Police were second highest, but showing a slight decrease: 273 complaints were received compared to 324 in 2006.

Complaints against treatment in prison cells declined considerably with only 195 complaints received last year, down from 305 in 2006.

Several complaints launched against the Police were referred to their complaints and discipline unit.

"But we received no satisfactory feedback or none at all (from the Police)," according to the Ombudsman's report.

"Investigations are delayed and if a docket is finally submitted to the Prosecutor General, she may decline to prosecute or the complainant may in the meantime have withdrawn the matter.

The public might lose trust in the Police where the perception is created that the Police cannot investigate themselves," Walters pointed out.

Early next year the office of the Ombudsman will conduct an investigation to determine how many criminal charges were laid against members of the Police force and prison wardens, how many cases the Prosecutor General declined to prosecute and the number of cases actually prosecuted and with what results, and how many cases are still pending, the annual report stated.

Of the 1 471 complaints received 173 related to human rights violations, including assaults, wrongful arrests and detentions.

Many High Court review cases and appeals were delayed for several years, the Ombudsman report criticised further.

"Clerks of Court usually complain that they must also do other administrative work, that their offices are understaffed and that they could not find time to attend to these appeals," Walters criticised.

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"We found that discipline is lacking among staff members (at courts) and supervisors often did not exercise proper supervision and control and that it is time consuming to send tape recordings (of court hearings) by post to the firm in Windhoek responsible for the transcriptions and that this firm is unable to deliver an effective service," the Ombudsman stated.

Supervisors should perform their control functions while more staff should be appointed.

A staff shortage makes it a challenge for the Ombudsman's office to respond timely to complaints received.

The drop in complaints reaching the Office of the Ombudsman during 2007 was ascribed to increased efficiency and improved service delivery in Government and its institutions.

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